Khadr Plea Deal No Triumph
of American Justice
by C. L. Cook
The eight year-long travail for Canadian Omar Khadr came presumably a little closer to resolution today with the Guantanamo Bay prisoner's plea bargain.
Khadr was to be the first minor tried for war crimes since the end of World War II, and the first "enemy combatant" to be tried in the Obama administration's rejigged military commission system of "justice."
There has perhaps never been a term more deserving to be caged in scare quotes than that "J" word describing what passes for justice in what passes for America today. Imagine, a teenager held in two of the darkest dark holes the Global War on Terror can provide, Bagram Airbase Prison, Afghanistan and Camp X-Ray, Guantanamo Bay, Occupied Cuba; tortured and abused from the moment he was questioned, (while still suffering multiple wounds) and throughout his long, lonely detention.
Now, the law professor cum president Obama and his military commission can claim victory at last, and with the aid of the corporate media echo-chamber the people may even believe it; maybe.
If the successive American administrations behind the Long War are liars, hypocrites, and terrorists, the behaviour of one of their closest allies, Omar Khadr's home country, Canada is even more reprehensible. Unlike Australia, and the United Kingdom who recognized the illegitimacy of the American policy of rendition and detention without charge, trial, or legal representation, only Canada refused to seek repatriation of a national held; this despite that country's Supreme Court ruling declaring it to be the government's duty to protect Khadr's human rights under both national and international law.
Now it seems Omar Khadr will return to Canada, but not to the embrace of his family, but to do more time in prison.
Khadr's lawyer, Dennis Edney explains today's plea deal;
"We looked at the circumstances, and it’s our clear opinion that Mr.
Khadr is an innocent man, and Mr. Khadr was put into a hellish conflict,
where he continues to remain in this hell hole that has a record,
internationally, of abuse, where he is prepared to subject himself to a
process that’s not legal or go home."
And for its side, the tribunal's chief prosecutor, Captain John Murphy says of Khadr's "Statement of Fact" document;
"Omar Khadr, over and over again, repeated, 'Yes, that is correct. I
did that. I am a murderer. I am an al-Qaeda terrorist.' What you saw
puts a lie to the longstanding argument by some that Omar Khadr is a
victim. He’s not. He’s a murderer, and he is convicted by the strength
of his own words."
It's a line Canada's state broadcaster, the CBC followed, its reporter, Laurie Graham saying the release of the statement Khadr made to his captors, those same that repeatedly threatened him with rape and other atrocities, threats the boy could well believe given what he had witnessed while in captivity, painted Khadr, in "another light," making of him not a scared fifteen year old kid, but rather a "cold, callous killer, who took pride in targeting and killing American soldiers."
Not exactly a triumph of Canadian journalism.
Under the terms of the plea deal, Omar Khadr's admission of guilt to all five charges against him (one, ironically enough being war crimes) would see him spend no more than one year further in an unannounced American facility, before being returned to Canada to serve not more than seven years. Defense lawyer, Edney says Khadr would too be subject to Canadian parole board conditions upon release.
In comments made to the CBC, comments that didn't make the cut on its premier news program, The National, Edney said of the plea;
"[Khadr] would have confessed
to anything, including the killing of John F. Kennedy, just to get out
of this hellhole." Adding;
"Had Omar refused, then he was faced with an unfair trial based on
evidence that would be inadmissible in a real court and the potential of
life in prison in Guantanamo Bay."
For its part, the Canadian government commented through prime minister, Stephen Harper's spokesperson, Dimitri Soudas who said;
"[The case is] a matter between
Mr. Khadr and the U.S. government."
Khadr's defense team will have an opportunity to address the tribunal tomorrow; the panel of seven military officers is expected to pass sentence Tuesday, November 2nd.
"Justice" indeed.
